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The Sleepy Eye Herald Dispatch - Sleepy Eye, MN
  • Legal notices Sept. 27, 2012

  • Legal notices as published in the Herald-Dispatch on Sept. 27, 2012
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  • Office of the Minnesota Secretary of State
    Certificate of Assumed Name
    Minnesota Statutes, 333
    The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable consumers to be able to identify the true owner of a business.
    ASSUMED NAME: The Farmer’s Daughter Antiques
    PRINCIPAL PLACE OF BUSINESS: 221 Hazelwood Avenue, New Ulm, MN 56073 USA
    NAMEHOLDER(S): Name: Jeannie Lynn Guymon; Address: 221 Hazelwood Avenue, New Ulm, MN 56073
    By typing my name, I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document, I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.
    SIGNED BY: Jeannie Lynn Guymon
    MAILING ADDRESS: None provided
    E-MAIL FOR OFFICIAL NOTICES: cootie@newulmtel.net
    Date: Sept. 2, 2012
    Published in the Sleepy Eye Herald-Dispatch Sept. 27 and Oct. 4, 2012.
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    PRAIRIEVILLE TOWNSHIP MOWING NOTICE
    Notice is hereby given to all Prairieville Township residents who own or occupy land adjacent to any township road, that they are required to make two topcuts and any other cuts of weeds, grasses and trees that would hold and build up snow on township roads.
    This can be done any time between now and Oct. 5, 2012. Failure to comply will result in penalty of $75 per seven foot swath per half mile assessed to property tax.
    By order of Prairieville Township Supervisors
    Tom Hirsch, clerk
    Published in the Sleepy Eye Herald-Dispatch Sept. 20 and 27, 2012.
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    Sleepy Eye ISD #84
    Board of Education
    Aug. 9, 2012 7:30PM
    Conference Room
    Members in Attendance:  Casey Coulson, Ron Geiger, Lori Hirschboeck, Keith Lendt,  Darla Remus, Sheila Wurtzberger.  Absent:  Sheila Schmid
    Meeting called to order by chair Darla Remus at 7:30 p.m.
    Good News Items: Farmfest is going on, Sleepy Eye FFA is participating in activities.
    The chair Recognized  visitors, Principal and press.
    Motion by Ron Geiger, 2nd  by Keith Lendt to approve the Agenda and Addendum as presented.  M/C.
    Motion by Sheila Wurtzberger, 2nd Lori Hirschboeck  to approve minutes of July 12, 2012 as presented. M/C.
    Page 2 of 10 - Motion by Ron Geiger, 2nd Casey Coulson to approve financial transactions and reports as presented. M/C.            
    Reports:
    A: Board  Negotiations committee met, Summer Seminar for the board, Darla attended
    B: Principal amount of hiring done, Orientation held for 7th and 9th graders, Workshops starts on Monday, Aug. 13th  for staff. Elementary hiring new fourth grade teacher, Common Curriculum training is taking place.  August 16th FLY training
    C: Superintendent John attended a training seminar, Looking at Finnish education system and checking if it can be used here (per commissioner)
    Action items:
    Approve resignation of Annette Berg effective immediately.
    Approve the resignation of Katie Schmiesing effective Aug. 3, 2012
    Approve the additional  15 days of Media services for Nancy Moore  @$4,119
    Approve open enrollment in (four in from New Ulm)
    Approve updated adult lunch/breakfast prices; Adult lunch correction $3.50 and Breakfast update to $1.75
    Approve Mary Mulry as the K-12 vocational music/English teacher for the 2012-13 school year @ $31,688 plus $2,228 Vocal Director for a total of $33,916
    Approve Speech teacher joint agreement with GFW
    Approve Julia Coulson as the Gifted and Talented Coordinator @ $5,000 stipend for the 2012-13 school year
    Approve the hire of Lauren Lippert, ECFE Instructor at $21.76/hr
    Approve the resignation of Tamatha Minter effective immediately
    Approve the resignation of Kaleb Walter as JH Tennis coach
    Approve the hire of Jordan Rathman, Junior High Tennis coach @ $1,641
    Approve the hiring of Lauren Hoffmann as Elementary SPED paraprofessional @ $9.93 for 6.25 hours M W F until Dec. 10 then M-F
    Approve the hiring of the following HS SPED paraprofessionals:
    Hire of Ashley Price at $9.93/hr for 6.75 hours
    Hire of Kirstie Fischer at $9.93/hr for 6.75 hours
    Hire of Kathy Burden at $9.93/hr for 6.75 hours
    Approve the Contract with the New Ulm Actors Community Theatre for three act play advisor @ $2581
    Approve the hire of Alisa Mangen as JH FFA Advisor at $1116
    Accept donations:
    $125 for Media/Library from Schmid family
    Accept Target First Book Grant of $500
    Accept donation of $1283 from the Sleepy Eye FFA Booster Club for the purpose of hiring an FFA assistant
    Accept donation of $1200 from athletic booster club for the Football program
    Approve 2012 Staff Development report as presented
    Approve contract of Amber R. Dell-Green .5 FTE Counselor at St. Mary’s High School @ $18,815
    Amend the contract of Sarah Dummer to include National Honor Society @ $693
    Approve Athletic Training Agreement with New Ulm Medical Center for 12-13 school year at $1191                
    Page 3 of 10 - Motion by Ron Geiger. 2nd Keith Lendt
    Member  Ron Geiger introduced the following resolution and moved for its approval.
    RESOLUTION RELATING TO THE ELECTION OF SCHOOL BOARD MEMBERS
    AND CALLING THE
    SCHOOL DISTRICT
    GENERAL ELECTION
    BE IT RESOLVED by the School Board of Independent School District No.84 State of Minnesota as follows:
    1. It is necessary for the school district to hold its general election for the purpose of electing three school board members for terms of four (4) years each and one member for two (2) years.
    The clerk shall include on the ballot the names of the individuals who file affidavits of candidacy on said general election during the period for filing such affidavits, as though they had been included by name in this resolution.
    The clerk shall not include on the ballot the names of individuals who file timely affidavits of withdrawal in the manner specified by law.
    2. Even Year: The general election is hereby called and elected to be held in conjunction with the state general election on Tuesday, the 2nd day of November, 2012.
    3. Even Year: Pursuant to Minnesota Statutes, Section 205A.11, the precincts and polling places for this general election are those polling places and precincts or parts of precincts located within the boundaries of the school district and which have been established by the cities or towns located in whole or in part within the school district. The voting hours at those polling places shall be the same as for the state general election.
    4. The clerk is hereby authorized and directed to cause written notice of said general election to be provided to the county auditor of each county in which the school district is located, in whole or in part, at least fifty-three (53) days before the date of said election. The notice shall include the date of said general election and the office or offices to be voted on at said general election.
    The clerk is hereby authorized and directed to cause notice of said general election to be posted at the administrative offices of the school district at least ten (10) days before the date of said general election.
    The clerk is hereby authorized and directed to cause a sample ballot to be posted at the administrative offices of the school district at least four (4) days before the date of said general election and to cause a sample ballot to be posted in each polling place on election day. The sample ballot shall not be printed on the same color paper as the official ballot. The sample ballot for a polling place must reflect the offices, candidates and rotation sequence on the ballots used in that polling place.
    The clerk is hereby authorized and directed to cause notice of said general election to be published in the official newspaper of the school district for two (2) consecutive weeks with the last publication being at least one (1) week before the date of said election.
    Page 4 of 10 - The notice of election so posted and published shall state the offices to be filled set forth in the form of ballot below, and shall include information concerning each established precinct and polling place.
    The clerk is authorized and directed to cause the rules and instructions for use of the optical scan voting system to be posted in each polling place on election day.
    5. The clerk is authorized and directed to acquire and distribute such election materials as may be necessary for the proper conduct of this election, and generally to cooperate with election authorities conducting other elections on that date. The clerk and members of the administration are authorized and directed to take such actions as may be necessary to coordinate this election with those other elections, including entering into agreements or understandings with appropriate election officials regarding preparation and distribution of ballots, election administration and cost sharing.
    6. The clerk is further authorized and directed to cause or to cooperate with the proper election officials to cause ballots to be prepared for use at said election in substantially the following form, with such changes in form, color and instructions as may be necessary to accommodate an optical scan voting system.
    SCHOOL DISTRICT BALLOT
    INDEPENDENT SCHOOL
    DISTRICT NO. 84
    SLEEPY EYE
    GENERAL ELECTION
    NOVEMBER 2, 2012
    INSTRUCTIONS TO VOTERS
    To vote, completely fill in the ovals(s) next to your choice(s) like this:  
    SCHOOL BOARD MEMBER
    VOTE FOR UP TO THREE FOR FOUR YEAR TERM
    CANDIDATE A    
    CANDIDATE B
    CANDIDATE C
    _____________
    write-in, if any
    _____________
    write-in, if any
    _____________
    write-in, if any
    _________________________________
    SCHOOL BOARD MEMBER
    VOTE FOR UP TO ONE FOR TWO YEAR TERM
    ___________________________________
    CANDIDATE  D
    _________________
    write-in if any
                
    Optical scan ballots must be printed in black ink on white material, except that marks to be read by the automatic tabulating equipment may be printed in another color ink. The name of the precinct and machine-readable identification must be printed on each ballot. Voting instructions must be printed at the top of the ballot on each side that includes ballot information. The instructions must include an illustration of the proper mark to be used to indicate a vote. Lines for initials of at least two election judges must be printed on one side of the ballot so that the judges’ initials are visible when the ballots are enclosed in a secrecy sleeve.
    7. The name of each candidate for office at this election shall be rotated with the names of the other candidates for the same office in the manner specified in Minnesota law.
    Page 5 of 10 - 8. If the school district will be contracting to print the ballots for this election, the clerk is hereby authorized and directed to prepare instructions to the printer for layout of the ballot. Before a contract in excess of $1,000 is awarded for printing ballots, the printer shall furnish, in accordance with Minnesota Statutes, Section 204D.04, a sufficient bond, letter of credit, or certified check acceptable to the clerk in an amount not less than $1,000 conditioned on printing the ballots in conformity with the Minnesota election law and the instructions delivered. The clerk shall set the amount of the bond, letter of credit, or certified check in an amount equal to the value of the purchase.
    9. Even Year: The individuals designated as judges for the state general election shall act as election judges for this election at the various polling places and shall conduct said election in the manner described by law.   The election judges shall act as clerks of election, count the ballots cast and submit them to the school board for canvass in the manner provided for other school district elections.
    Member Sheila Wurtzberger second the motion and moved for it’s adoption.  The following individuals voted in favor of the adoption; :  Casey Coulson, Ron Geiger, Lori Hirschboeck, Keith Lendt,  Darla Remus, Sheila Wurtzberger
    The following voted against;  None
    The resolution passed receiving majority vote.
    Member  Casey Coulson introduced the following resolution and moved its adoption:
    RESOLUTION RELATING TO INCREASING THE
    GENERAL EDUCATION
    REVENUE OF THE SCHOOL DISTRICT AND CALLING AN ELECTION THEREON
    BE IT RESOLVED by the School Board of Independent School District No. 84, State of Minnesota, as follows:
    1. The Board hereby determines and declares that it is necessary and expedient for the school district to increase its general education revenue by $500 per resident marginal cost pupil unit. As provided by law, the ballot question must abbreviate the term “per resident marginal cost pupil unit” as “per pupil.” The additional revenue will be used to finance school operations and the property tax portion thereof will require an estimated referendum tax rate of approximately 0.10400 percent of the referendum market value of the school district for taxes payable in 2013, the first year it is to be levied.  The proposed referendum revenue authorization would be applicable for five (5) years unless otherwise revoked or reduced as provided by law.  The question on the approval of this referendum revenue authorization shall be School District Ballot Question 1 on the school district ballot at the special election held to approve said authorization.
    2. The ballot question or questions of the school district shall be submitted to the qualified voters of the school district at a special election, which is hereby called and directed to be held in conjunction with the state general election on Tuesday, November 6, 2012.
    Page 6 of 10 - 3. Pursuant to Minnesota Statutes, Section 205A.11, the precincts and the polling places for this special election are those polling places and precincts or parts of precincts located within the boundaries of the school district which have been established by the cities or towns located in whole or in part within the school district. The voting hours at those polling places shall be the same as those for the state general election.
    4. The clerk is hereby authorized and directed to cause written notice of said special election to be provided to the county auditor of each county in which the school district is located, in whole or in part, and to the Commissioner of Education at least seventy-four (74) days before the date of said election.  The notice shall specify the date of said special election and the title and language for each ballot question to be voted on at said special election.  Any notice given prior to the date of the adoption of this resolution is ratified and confirmed in all respects.
    The clerk is hereby authorized and directed to cause notice of said special election to be posted at the administrative offices of the school district at least ten (10) days before the date of said special election.
    The clerk is hereby authorized and directed to cause a sample ballot to be posted at the administrative offices of the school district at least four (4) days before the date of said special election and to cause two sample ballots to be posted in each polling place on election day.  The sample ballot shall not be printed on the same color paper as the official ballot.
    The clerk is hereby authorized and directed to cause notice of said special election to be published in the official newspaper of the school district, for two (2) consecutive weeks with the last publication being at least one (1) week before the date of the election.
    The notice of election so posted and published shall state each question to be submitted to the voters as set forth in the form of ballot below, and shall include information concerning each established precinct and polling place.
    The clerk is hereby authorized and directed to cause a notice of the election to be mailed by first class mail to each taxpayer in the school district at least fifteen (15) but no more than thirty (30) days prior to the date of the special election.  The notice shall contain the required projections and the required statement specified in Minnesota Statutes, Section 126C.17, subdivision 9, paragraph (b).  The clerk is also directed to cause a copy of this notice to be submitted to the Commissioner of Education and to the county auditor of each county in which the school district is located in whole or in part at least fifteen (15) days prior to the day of the election.  
    Page 7 of 10 - The clerk is authorized and directed to acquire and distribute such election materials and to take such other actions as may be necessary for the proper conduct of this special election and generally to cooperate with state, city, township and county election authorities conducting the state general and other elections on that date.  The clerk and members of the administration are authorized and directed to take such actions as may be necessary to coordinate this election with those other elections, including entering into agreements or understandings with appropriate municipal and county officials regarding preparation and distribution of ballots, election administration and cost sharing.
    5. The clerk is further authorized and directed to cooperate with the proper election officials to cause ballots to be prepared for use at said election in substantially the following form, with such changes in form and instructions as may be necessary to accommodate the use of an optical scan voting system:
    SPECIAL ELECTION BALLOT
    INDEPENDENT SCHOOL
    DISTRICT NO. 84
    (SLEEPY EYE)
    NOVEMBER 6, 2012
    INSTRUCTIONS TO VOTERS
    To vote, completely fill in the oval(s) next to your choice(s) like this:
    To vote for a question, fill in the oval next to the word "YES" on that question.
    To vote against a question, fill in the oval next to the word "NO" on that question.
    SCHOOL DISTRICT BALLOT QUESTION 1
    APPROVAL OF SCHOOL
    DISTRICT
    REFERENDUM REVENUE
    AUTHORIZATION
    The board of Independent School District No. 84 (Sleepy Eye) has proposed to increase its general education revenue by $500 per pupil. The proposed referendum revenue authorization would be applicable for five years unless otherwise revoked or reduced as provided by law.
     SHAPE  * MERGEFORMAT
    YES
    NO
    Shall the increase in the revenue proposed by the board of Independent School District No. 84 be approved?
    BY VOTING “YES” ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE.
    Optical scan ballots must be printed in black ink on white colored material, except that marks to be read by the automatic tabulating equipment may be printed in another color ink.  The name of the precinct and machine-readable identification must be printed on each ballot.  Voting instructions must be printed at the top of the ballot on each side that includes ballot information.  The instructions must include an illustration of the proper mark to be used to indicate a vote.  Lines for initials of at least two election judges must be printed on one side of the ballot so that the judges' initials are visible when the ballots are enclosed in a secrecy sleeve.
    6. The individuals designated as judges for the state general election shall act as election judges for this special election at the various polling places and shall conduct said election in the manner described by law.  The election judges shall act as clerks of election, count the ballots cast and submit the results to the school board for canvass in the manner provided for other school district elections.  The election must be canvassed by the school board between the third and the tenth day following the election.
    Page 8 of 10 - The motion for the adoption of the foregoing resolution was duly seconded by Ron Geiger and upon vote being taken thereon the following voted in favor thereof: Casey Coulson, Ron Geiger, Darla Remus, Sheila Wurtzberger, Lori Hirschboeck, Keith Lendt and the following voted against the same:  None whereupon said resolution was declared duly passed and adopted.
    Next meeting is  Thursday September 13  7:30PM
    Motion by  Casey Coulson 2nd    by Ron Geiger  to adjourn at 8:10 p.m.
    Respectfully submitted,
    Sheila Wurtzberger
    Acting Clerk
    Published in the Sleepy Eye Herald-Dispatch Sept. 27, 2012.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    STATE OF MINNESOTA COUNTY OF BROWN
    IN  DISTRICT COURT FIFTH JUDICIAL
    DISTRICT
    Case Type:
    Determination of Adverse Claims (Quiet Title) Court File No.: _____________
                    Lucy Gluth, as Personal Representative of the Estate of James E. Heckler, Decedent,
    Plaintiff,
    -vs-    SUMMONS
    Dorothy A. Gluth; Donna Mae Olson and Lucy A. Gluth, as Trustees of the Clayton F. Gluth Trust under agreement dated October 31, 1991; Donna Mae Olson; Lucy A. Gluth; the unknown heirs of Clayton F. Gluth, deceased; also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,
    Defendants.
                    THIS SUMMONS IS DIRECTED TO: Dorothy A. Gluth; Donna Mae Olson and Lucy A. Gluth, as Trustees of the Clayton F. Gluth Trust under agreement dated October 31, 1991; Donna Mae Olson; Lucy A. Gluth; the unknown heirs of Clayton F. Gluth, deceased; also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein.
    1. YOU ARE BEING SUED.  The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away, they are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.
    2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS.  You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you receive this Summons.  You must send a copy of your Answer to the person who signed this Summons located at: Berens, Rodenberg & O’Connor, Chtd., 519 Center Street, P.O. Box 428, New Ulm, MN 56073.
    3. YOU MUST RESPOND TO EACH CLAIM.  The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
    Page 9 of 10 - 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.  If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
    5. LEGAL ASSISTANCE.  You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
    6. ALTERNATIVE DISPUTE RESOLUTION.  The parties may agree to or be ordered to participate in an Alternative Dispute Resolution process under Rule 114 of the Minnesota General Rules of Practice.  You must still send your written response to the Complaint even if you expect to use alternative means to resolve this dispute.
    7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY LOCATED IN BROWN COUNTY, STATE OF MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS:
    North Half of Northeast Quarter (N½ of NE¼), Section 21, Township 111, Range 33, Brown County, Minnesota,
    Except a tract in the Southeast corner described as follows: Beginning at the Southeast corner of the N½ of NE¼, Sec. 21, Twp. 111, Range 33, thence running North on East line of said Section 18.9 rods, thence West 6 rods, thence South 18.9 rods, thence East 6 rods to the point of beginning.
    The objective of this action is to obtain a judgment that Plaintiff is the owner in fee of the above described real property and that none of said Defendants have any estate or interest therein or lien thereon.
    PURSUANT TO MINNESOTA STATUTE §543.22, YOUR ARE HEREBY NOTIFIED OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS AS SET FORTH IN THE MINNESOTA RULES OF GENERAL PRACTICE.
    BERENS, RODENBERG
    & O’CONNOR, CHTD.
    Dated:  September 4, 2012                        /s/ Michael H. Boyle, #148994
    Attorney for Plaintiff
    519 Center Street
    P.O. Box 428
    New Ulm, MN 56073-0428
    Ph. No. (507) 233-3900
    Published in the Sleepy Eye Herald-Dispatch Sept. 13, 20 and 27, 2012.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    NOTICE OF PUBLIC HEARING ON AN
    APPLICATION TO GRANT A ZONING VARIANCE
    Notice is hereby given that on October 9, 2012 at 7:00 p.m. the Board of Adjustment and Appeals will hold a public hearing in the Council Chambers, 200 Main Street East, Sleepy Eye, MN on an application by Chuck Spaeth Ford Inc. for a zoning variance for the following described property:
    Page 10 of 10 -   Lot 1, Block 1, Parkview Third
    Addition, City of Sleepy Eye -
    address 900 3rd Avenue SW
         
    Description of the zoning variance is to allow a 19 foot front yard setback from the west property line (4th Avenue SW) for the construction of a 17’ x 80’ addition to west side of the existing building. The required front yard setback is 25 feet. The property is zoned Business Industrial.
    Such person desiring to be heard with reference to the proposed zoning variance will be heard at this meeting.
    By Order of the Board
    of Adjustment and Appeals
                                                              Jeanne Tauer, City Clerk
    Dated:  Sept. 17, 2012
    Published in the Sleepy Eye Herald-Dispatch Sept. 27, 2012.
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